Opinions Aug. 22, 2013

Related News and Opinion

Indiana Court of AppealsRoger
A. Buchanan and Susan Buchanan v. HSBC Mortgage Services, Inc.
39A01-1211-MF-515
Mortgage foreclosure. Affirms trial court grant of summary judgment in favor of HSBC Mortgage Services, holding that even
if a mortgage was not properly acknowledged, the Buchanans don’t deny that they executed a mortgage and note when they
purchased their home, on which they stopped making mortgage payments in 2007. The Buchanans’ arguments therefore are
without merit.

Alexander
David Toradze v. Susan Blake Toradze
71A05-1212-DR-623
Domestic relation. Affirms trial court’s denial of Alexander Toradze’s motion to dismiss for lack of jurisdiction.
Father is contesting his ex-wife’s petition to a modify child support order to include college expenses. Finds the court
does have jurisdiction because recent amendments to the termination of child support and emancipation statute entitle Susan
Toradze to file a petition. In a concurring opinion, Judge Elaine Brown concludes the trial court had personal and subject
matter jurisdiction.

Jeremiah
Walls v. State of Indiana
55A05-1211-CR-603
Criminal. Affirms conviction and three-year sentence on two counts of Class D felony intimidation and misdemeanor counts
of resisting law enforcement, criminal trespass, two counts of battery and disorderly conduct, and a divided appeals panel
affirmed the conviction and sentence, rejecting Walls’ arguments that the evidence was insufficient to sustain the criminal
trespass and convictions, that the jury was improperly instructed, that the trial court improperly limited his closing argument,
and that the voluntary intoxication statute is unconstitutional. Dissenting Judge Patricia Riley would reverse the criminal
trespass conviction, holding that residents of an apartment complex could not ask Walls to leave the common areas outside
their doors where he was creating a disturbance.

Terry
Eldridge v. State of Indiana (NFP)
49A04-1301-CR-24
Criminal. Dismisses appeal to trial court’s denial of petition for additional credit time for completing a rehabilitative
program prior to sentencing. Rules under Appellate Rule 9, Eldridge did not file a timely notice of his appeal. The proper
time to file an appeal was within 30 days of the court’s 2006 sentencing order which Eldridge did not do.

Joshua
Steelman v. State of Indiana (NFP)
15A05-1212-CR-661
Criminal. Affirms convictions for theft, as a Class D felony; criminal mischief, as a Class B misdemeanor; and unauthorized
entry of a motor vehicle, as a Class B misdemeanor.

Timothy
G. Lyles v. State of Indiana (NFP)
08A02-1302-CR-179
Criminal. Affirms convictions of two counts of Class A felony child molesting and two counts of Class C felony child molesting
along with sentence for a 40-year aggregate term.